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NORTH TARRYTOWN, N.Y.
November 14, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli,
Mayor
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel J. Lobato,
Trustees
Robert J. Ponzini, Counsel

Absent

Stephentfaceyak,Trustee

Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.
j

Trustee Timmings moved, seconded by Trustee Lofaro that the minutes
of the meeting held on October 24, 1983 be approved as written, with the
correction that the Mayor voted on the resolution approving Trustee
Timmings as our representative on the negotiations board. Carried.
Mayor Zegarelli asked if there was anyone present who would like to
address the Board.
Mr. Curtis Heath, Chairman of the Conservation Committee, stated
that over a year ago, the Board held a public hearing on a tree ordinance
which the committee had prepared and since that time, nothing has been
done.
Mayor Zegarelli stated that he thought the ordinance was adopted,
however, the matter will be taken up at the next Board meeting. He
stated that it should have been adopted at that time.
Mr. Patrick Munroe, 63 New Broadway, spoke on behalf of Robert
Carpenter, who has been having difficulty with the owner of the service
station adjacent to his apartment. Mr. Munroe stated that the Board
has a responsibility to safeguard the health of the people of the
community. He stated that Mr. Carpenter was being harrassed by the
owner of the service station.
Mayor Zegarelli stated that Mr. Biros, Acting Building Inspector,
was directed to look into Mr. Carpenter's complaints. He did send a
letter to the owner of the service station. The area has been cleaned
up and tires removed. Satisfactory progress is being accomplished,
said the Mayor. He stated that Mr, Biros has been in contact with
the Village attorney to go over the legal aspects and some progress
is being made.
Mr. Robert Carpenter stated that he received a copy of the letter
sent by Mr. Biros and noted several other items of harrassment by Mr.
Aruj .

�2Counsel stated that if the nuisance still persists, he should
call the building inspector between the hours of 9-5. After 5 P.M.
before 9 A.M. , he should call police headquarters and lodge a compl,

Mr. Thomas Curtin, President of Rescue Hose Company, stated thai
many hours were spent preparing the specifications for Rescue's new
apparatus and are wondering why the contract has not been signed, ft
stated that the apparatus they selected was also selected by the Boar
Trustee McBride stated that the majority of the Board was in
agreement, however the Mack Company sent a letter of protest and on
the basis of legality, the matter was held up. The point in question
said Trustee McBride, is that we might have a suit on our hands.

Mayor Zegarelli stated that the Board did award the bid, but
Counsel has been open and very candid in his feelings as to why the
contract should not be signed by the Mayor. We are under the knowled
that Pierce will keep its bid open until January.
An analysis was d
and the Board came up with three bidders who meet the specifications.
The Board did vote on them and wthe bid was awarded to Tyler Company
for a Pierce apparatus. In protecting the Village, said the Mayor,
we are open for suit and until we get word from the Mack Company that
the Village would not be liable to a potential suit, the Village wouli
have no other choice but to rely on Counsel's decision.
Mr. Fred Gross, 2 Maple Street, stated that he was the chairman
of the truck committee and summarized all the events that took place
in preparing the specifications for the new apparatus.

Trustee Lobato stated that every member of the Board is well-aws
of the desire for the Pierce truck.
The Mack Company has indicated
their possible intention to challenge the legality of the bid if we
go to contract, he said.
He quoted Section 4-414 (12) of the Villagi
Law whereby an officer or person who assumes to create a liability or
appropriate money or property of the Village without authority of the
law, or assents thereto, is personally liable for such debt, or to th
Village for such money or property, etc. If there is going to be
threatened litigation, he said, is a little more than he wants to be
personally liable for. We did not create it, we did not want it, he
said.
He stated that the Board discussed what the way out might be.
We are stalmated, said Trustee Lobato. Counsel has wisely advised us
he said.

On a question of Paul Ranieri if taking the higher bid was
unlawful, Counsel stated that there was no question that the Village
wants to buy a truck. The Board did
approve the bond resolution.
The specifications were so good that we had many bidders, said Counsel.
A tremendous amount of research was spent on the specifications, be
said, to allow you to accept the bid that was higher.
Counsel Ponzini stated that a letter was received from the Mack
Company which has created a problem.
Any claim by Mack is without
merit, he said.

Trustee Buonanno suggested that the bids be rejected and that we
re-write the specifications and call for new bids.

i

�-3Trustee Lofaro suggested that we write to Mack and ask them
of their intentions.
Counsel stated that he had written, but no answer was received.
He stated that he was told by Tyler (Pierce apparatus) that they would
hold the bid open another thirty days.
Trustee Timmings stated that since bids have been opened publicly,
companies know what amounts are contained in the other bids. We are
faced with one company that met all the terms of the specifications,
he said. They bid substantially less than the Mack bid. On a
subsequent bid, said Trustee Timmings, you would have a negative
impact on the low bidder.
Following a discussion, Counsel was directed to write another
letter to the Mack Company, however in the meantime, Counsel and
Fire Committee and any other Trustee who is interested, will work
with the apparatus group to modify the specifications.
At this time, Mayor Zegarelli recognized Sandy Galef in the
audience.
Mayor Zegarelli stated that it has been discussed at a recent
work session to reorganize some of the committees of the Board and
the following changes have been unanimously agreed upon.
Trustee Maceyak asked to be removed from the police committee
and Trustee Lofaro will assume the vacant seat, said Mayor Zegarelli.
Labor relations - Trustee Timmings will become Chairman of this
committee and Trustee Lobato will be leaving this committee; Trustee
Buonanno added to this conmittee.
Tax exempt - Trustee Timmings will step down and Trustee Lobato
will be Chairman of this committee and Trustee Timmings will remain as
a member.
Police - Trustee McBride Chairman, Trustees Buonanno, Lofaro.
Trustee Buonanno moved to confirm the changes, seconded by
Trustee Lobato.
Carried.
Mayor Zegarelli stated that he received a letter from John Harbour
that he could not serve on the Village Manager-Administrator Committee
because of a workload and he therefore asked Mr. James McGough to join
the committee.
Trustee Timmings moved, seconded by Trustee Lofaro that action
of the Mayor be confirmed.
Carried.
Mayor Zegarelli stated that various positions are still vacant
and made the following appointments which were so moved by Trustee
Timmings, seconded by Mayor Zegarelli: Village Prosecutor-Robert Pierce
Assessor-Antonio Soares; Building Inspector-James Margotta; Building
Board-Ugo Checchi; Recreation Commission-Eva Piedemonte and Elias
Tsekerides, Library-Jo an Levy and Tony O'Connor.
Trustee Buonanno moved to table the motion, seconded by Trustee
Lofaro.

�-4Mayor Zegarelli polled the Board as follows:
Trustee Buonanno - Yes
"
McBride - Yes
Mayor Zegarelli voted "No".

Trustee Lofaro - Yes
"
Timmings - No
"
Lobato - Yes
Motion carried.

REPORTS OF COMMITTEES
PUBLIC WORKS
In the absence of Trustee Maceyak, Trustee Lobato gave the
following report:
Repaired hydrants found defective during the recent inspection
and flushing of hydrants.
Quarterly water meter readings are in progress.
Bank balance as of Nov. 14th is $17,887.
Foreman Michael Apollonio has returned to work as of Nov. 7th.
Deteriorated sidewalks have been replaced on Clinton and Depeysti
Streets.
Replaced sidewalk doors to Rescue Hose basement.
Because of the failure of one of the compressors in the Municip;
Building, the compressor from the old highway garage was transferred
to the building.
These compressors are used to provide air for the
fire whistle.
All available personnel are picking up leaves with two vacuums,
snowloaders and front end loader and sweeper.
The 1982-83 infra structure repair program is now complete. Sevi
.four catch basins and/or drop inlets have been installed.
Michael Smutek has returned to his job as sanitation driver as
of Nov. 7th.
POLICE &amp; LIGHT
Trustee McBride gave the following police report for the month
of October:
(in detail official minutes)
Trustee McBride noted a letter from Rosary Hill thanking the
police department for the donation from the proceeds of the Softball
game between the N.T. Police Department and Tarrytown Police Dept.
FINANCE &amp; REAL ESTATE
Trustee Buonanno reported a balance of $68,529.27 in the Genera
Fund as of November 14, 1983.

i

�/ej

-5Trustee Buonanno moved, seconded by Trustee Timmings that action
of the Treasurer for re-investing c.d. notes in the amount of $500,000
and $200,000 at 8%, 30 days, at the First National Bank of North
Tarrytown be confirmed.
Carried.
Trustee Buonanno stated that the professional employees have not
received the remainder of their increase for the fiscal year 1982-83
and moved that those employees in administration, water, recreation,
street, Village Justice, Building Inspector and Assessor be granted
their increase of 2.5%, retro-active to June 1, 1982, money to be
taken from the General Fund, seconded by Trustee Timmings.
Trustee Lobato stated that the Board has taken a particular posture
in its labor negotiations which have taken us into arbitration. The
raises are not in line with policy statement negotiations and he
objects to it.

II
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\%\

Mayor Zegarelli polled the Board as follows:
Trustee Buonanno
McBride

- Yes
- Yes '

Mayor Zegarelli voted "Yes".

Trustee Lofaro - Yes
"
Timmings - Yes
"
Lobato - No • .
Motion carried.

Trustee Buonanno stated that he has reviewed the financial report
of departments for October and there are two departments that are not
staying within their budget spending.
He stated that he will meet
with the parties concerned.
TAX EXEMPT
Trustee Timmings reported "Progress".
LABOR RELATIONS
Trustee Lobato stated that negotiations are still continuing.
He stated that a letter was going to be sent to the Attorney for the
Teamsters, but he would ask Trustee Timmings to do so.
79 COLLEGE AVE.
Trustee Timmings moved that a meeting be held of the 79 College
Avenue Board of Directors after this meeting, seconded by Trustee
Buonanno.
Carried.

Ml) \

RECREATION-SENIOR CITIZENS
In the absence of Trustee Maceyak, Trustee Lobato stated that a
letter has been received from Pat Lofaro requesting a replacement for
Gary Thomas. He stated that the title should be that of a Park Foreman
or Maintenance Laborer.
The matter was referred to the recreation commission.
ADMINISTRATION
Trustee Buonanno stated that the exit hatch on Rescue Hose Company
has been replaced.
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�-6Radiators were also replaced in some firehouses, he said.
Trustee Buonanno moved that the following resolution be adopted]
seconded by Trustee Timmings:
WHEREAS the next general Village Election for officers will be
held on March 20, 1984; and
WHEREAS, the Board of Trustees must designate by resolution and
publish the offices .which are ta^Eilled in such election and the
terms thereof, now, therefore, be it resolved:
Section 1. That the Board of Trustees designates the following
offices as vacant at the end of the current official year, to be
filled at the Village Election to be held on March 20, 1984 for the
following terms: Three Trustees, two years each.
Section 2. The Village Clerk is hereby directed to publish the
resolution in full in the Daily News, a newspaper of general circulat
within the Village.
Section 3. This resolution shall take effect immediately. Carrie*
FIRE
Trustee Lofaro stated that a new electrical valve was installed
on the fire whistle. New Fire Alarm wires were replaced on Depeyster,
Street also, he said.
MAYOR'S REPORT

'

Mayor Zegarelli stated that the Board is in receipt of the
contract between the County of Westchester and Village for snow remov^
work on County roads for the 1983-84 season and was approved by Counsa
Trustee Buonanno moved, seconded by Trustee Lofaro that the Mayot
be authorized to sign the contract between the County of Westchester
and the Village of North Tarrytown for snow removal work on County
roads for the 1983-84 season.
Carried.
Mayor Zegarelli noted a letter from Hank Williams, D.E.C. that
North Tarrytown was granted 21% of our original grant request original
prepared by Mr. Curtis Heath.
The award will be on a reimbursement
basis. Further documentation will be forthcoming.

Mayor Zegarelli stated that a letter was received from Karen
Lobantz, BOCES, Walkabout Program, commending Pat Lofaro and his worke
for work accomplished on a volunteer basis in Douglas Park.
Mayor Zegarelli stated that a film was shown by Mary Lutters,
Dept. of Planning, regarding the Hudson Valley Scenic Road Program.
They would like the Board to adopt a resolution endorsing our stretd
of Route 9 as a scenic highway. There would be no additional respons
bility or expense to the Village, said the Mayor.
Mayor Zegarelli stated that the Board has received a letter from
Chief Glenn Amesbury regarding several problems at 100 College Avenue
and suggestions to*resolve them. A letter will be sent to the owners
for a meeting.
,

�/?/

-7Mayor Zegarelli stated that the League of Women Voters are holding
a seminar regarding the open meetings law on November 30th for anyone
to attend.
Mayor Zegarelli stated that he is in receipt of a letter from
Mayor Quigley of Larchmont regarding bar closing and turned it over to
Trustee McBride for suggestions.
\t

COMMUNICATIONS
»

Communication from Frank McCullough, Attorney for Edward Keegan,
owner of property at 285 North Broadway, requesting sidewalk repairs
was read and referred to the public works committee.

I

Communication from James Paolantonio, Sec'y. of Columbia Hose
Company, requesting the painting of their kitchen, as well as a
replacement for their stove was read and referred to the fire and
administration committees.

Jl

. 4!'

Communication from Curtis "keath, Chairman of the Conservation
Committee, submitting a report of a tree located at 120 New Broadway
was read and on motion of Trustee Buonanno, seconded by Trustee Lofaro
was referred to the public works committee with power to act. Carried.
Communication from Sec'y. of Fire Council, Gordon Ferguson,
regarding the condition of the lavatories in the firehouses and ambulance
building was read and referred to the administration committee.

&gt;'&gt;

m&lt;

Communication from Sec'y. of Fire Council, Gordon Ferguson,
reporting that the Council has suspended a fireman, Bruce Wright, for
falsely reporting an incident, 2nd degree, was read. This suspension
is as a result of an investigation, said Chief Ferguson in his letter.

' f

Trustee Lofaro moved, seconded by Trustee Buonanno to confirm
action of Fire Council.
Carried.
Communication from Calvin Weber, Assistant Commissioner, Westchester
County Dept. of Health, stating that our drinking water met the drinking
water standards at the time of their inspection was read. The
Commissioner is also requesting a written water supply emergency plan
and a gas mask be provided for the gas chlorine facility at the Croton
Aqueduct Pump Station.
The letter was referred to J. Biros.
Communication from A.A.A. Emergency Supply Company of White Plains
stating that they will extend their bid for parts for the new fire
apparatus another thirty days and that all price increases would have
to be absorbed by the Village was read and referred to the Village
Attorney.
The Clerk informed the Board of a notice of claim in the matter
of Dona Curtis against Police Officer Michael Ulacco and the Village
of North Tarrytown for false arrest on August 16, 1983 in the amount
of $50,000 and that she referred the same to the insurance carrier.

'•»,v* lU - «,

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�-8Trustee Timmings moved, seconded by Trustee Buonanno that actio
of the Clerk be confirmed.
Carried.
UNFINISHED BUSINESS
Trustee Lobato moved, seconded by Trustee Timmings that Christ
lights be turned on, on Friday, December 2nd through January 1st, ho
from 5 - 1 2 P.M., except on Christmas and New Year's eve, which will
be all night.
Carried.
Trustee Lobato offered the following resolution, seconded by
Trustee Timmings:
WHEREAS Almighty God has seen fit to take unto Himself the soul
of the late Henry Ludwig, and
WHEREAS the said Henry Ludwig was a former employee in the
Highway Department of the Village of North Tarrytown having been held
in the highest esteem by all those who knew him, now, therefore,
be it

j

RESOLVED that the Board of Trustees take official notice of
Henry Ludwig's death, and be it further
RESOLVED that this resolution be made a part of the official
minutes of this meeting and a copy sent to the family of the deceased
Carried.
Trustee Lobato stated that with regard to the public meeting he
with representatives from Search for Change, Dr. Schaeffer, who
represented the group was asked for copies of the State law which mig
apply to their request.
Questions were raised, but they were not
responsive, he said.
Mayor Zegarelli stated that they were specifically requested by
Mayor and Board of Trustees to provide, in writing, an assurance or
guarantee that the building would be used only for the program as nc
outlined and that the building and property would pay local taxes.
Mayor stated that to this date, he nor any Board member has received
any correspondence to this specific effect.
Trustee Buonanno moved, seconded by Trustee Lobato, that the bil
submitted on the General Fund and Water &amp; Sewer warrants dated
November 14, 1983 be paid after approval by department heads and tha
the Treasurer be authorized to pay same and that a copy of this
resolution be attached to the warrants.
Carried.
There being no further business to come before the meeting,
Trustee Buonanno moved, seconded by Trustee Lobato that the same be
duly adjourned. Carried.
Respectfully submitted,
Filomena Fallacaro
Clerk

�/f-3

TELEPHONE
RICHARD J. SPOTA

914) 6*1-0800

Chief of Police

police department

Si

Vfflage of JJortf)ftarrptoton,JL £ . 10591
POLICE REPORT

OCTOBER

Total Number Charged by Police:
1. Summoned. 2. Arrested

1983

m
685
134

.
Total

•'A

819

Persons Charged With Crimes or Violations:
1. V&amp;T Moving Violations
2. D.W.I

W.i

54
16

3.
4.
5.
6.
7.
8.
9.
10.

Driving While A b i l i t y Impaired
Possession of S t o l e n P r o p e r t y 3rd
D i s o r d e r l y Conduct
Scoff law
A s s a u l t 3rd
Operating w i t h a Suspended o r Revoked L i c e n s e
Possession of S t o l e n P r o p e r t y 1 s t
Burglary 3 r d .

.

11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.

Possession of Burglars Tools
Criminal Trespass 2nd
Trespass
•
Resisting Arrest
Leaving the Scene of a Personal Injury Accident
Assault 2nd
Criminal Possession of Marijuana
Family Court Order of Protection
Harassment
••••»
Unlawful Possession of Marijuana
Refusal to Submit to a Chemical Test
Unauthorized Use of a Motor Vehicle
Bench Warrant -.Failure to Appear
Dog Ordinance Violations

*

•

•

Total

2
2
12
1
2
8
2
1

r&gt;

1

IL

itt
Wi

1
1
1
4
1
2
1
2
3
1
2
3
1
11
134

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TELEPHONE

RICHARD J. Sm

(914) 631-0800

polite department
Village of JJortfc afarrptoton, J i § . 10591
Parking Violations:
1. Metered Parking
,
2 . O t h e r Parking Violations,

83
602
Total

Investigations of
Investigations of
Investigations of
A i d i n g o f Injured

Reported Felonies.i
Other Complaints
Auto Accidents
at A c c i d e n t s

•

685

7
.... 245
37
18
Total

Police A i d to Sick Persons
Ambulance Requests
Responding to Alarms
Escorts
D.O.A
Arrests on Warrants
Missing Persons
Checking 29 Dark Houses

307

42
34
18
. .. 4
1
. ... 6
7
110
222
Total

Respectfully submitted.

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